Sadananda Das v. State Of West Bengal

CRM 1965 of 2021 12.08.2021 Court No.28 Item No.295 (Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Hariharpara Police Station Case No. 291 of 2019 dated 21.08.2019 under Sections 498A/448/323/308/34 of the Indian Penal Code; Akd & As And In the matter of : Sadananda Das

...Petitioner

Mr. Anisur Rahman.

...For the Petitioner Mr. Rana Mukherjee, Mr. N. P. Agarwal, Ms. Subhasree Patel.

...For the State.

Apprehending arrest in connection with Hariharpara Police Station Case No.

of under Sections 498A/448/323/308/34 of the Indian Penal Code, the petitioner has filed the instant application for anticipatory bail. The instant case has been initiated at the behest of the de facto complainant alleging that she was brutally assaulted by iron rod by her husband, who is the petitioner in the instant application. The medical examination report does not suggest the injury to be grievous in nature, even the statement has not inspired us that serious offence has been committed by the petitioner warranting custodial interrogation.

Accordingly the prayer for anticipatory bail is allowed. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer of the concerned police station subject to the condition that the petitioner shall appear before the Trial Court on every date of hearing and on further conditions as laid down under

Section 438(2) of the Code of Criminal Procedure. In the event, the petitioner fails to do so without any justifiable cause, the Trial Court shall be at liberty to pass an appropriate order in accordance with law without further reference to this Court. The application for anticipatory bail, being CRM 1965 of 2021 is thus disposed of.

(Harish Tandon, J) (Bibek Chaudhuri, J.)